Posted on: 28th Jul, 2009 12:19 pm
can i get my ex-husband removed from the deed and mortgage if he has disappeared?...my marriage came to a violent, horrible end nearly three years ago with my ex going to jail for nearly a year, being hospitalized after that for a psychotic breakdown and finally disappearing altogether. i just recently received a default divorce. occasionally my son and i hear from him. he is homeless and lives on the streets. we almost lost our house during those years, but i managed to make it with help from my lender and family. i can now afford the mortgage payments and my other bills, although my credit was destroyed by him (longer story behind that). i was awarded the house in the divorce, along with the liability and debt still owed on the property. both our names are on the deed and the mortgage. i would like to remove him from both, but i would never be able to find him, nor do i think he is sane enough to sign a quit claim deed. and my poor credit would make it impossible for me to refinance at the great rate we have from when we bought the house together. what can i do? i'm in texas, btw ....
Hi mhamby,
You are in a tough situation. You will have to ask your ex-husband to sign a quitclaim deed in your name in order to transfer the property. If he is not sane enough to do that, I guess you'll have to take legal help to resolve the issue.
As far as the mortgage is concerned, you'll have to refinance it in your name. If your son has a good credit score, then he can become the co-borrower for the loan and help you in refinancing it.
Take care.
You are in a tough situation. You will have to ask your ex-husband to sign a quitclaim deed in your name in order to transfer the property. If he is not sane enough to do that, I guess you'll have to take legal help to resolve the issue.
As far as the mortgage is concerned, you'll have to refinance it in your name. If your son has a good credit score, then he can become the co-borrower for the loan and help you in refinancing it.
Take care.